The city planner shall have the power and duty to:

(1)

Make recommendations and provide assistance to the city council and planning and zoning commission concerning exercise of their responsibilities under this chapter.

(2)

Develop and recommend to the planning and zoning commission and the city council a comprehensive plan, thoroughfare plan, and open space plan for the city and to propose actions to implement the plans.

(3)

Coordinate all planning relating to the city's comprehensive plan.

(4)

Render such administrative decisions as are required of the city planner by this chapter.

(5)

Perform such other duties as may be prescribed by ordinance or directed by the city council, the planning and zoning commission or the city manager.

(Ord. No. 1130, art. IX, § 4, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009)

There is created a planning and zoning commission for the city consisting of five members, each to be appointed by the city council for a term of two years and removable for cause. Each member shall continue to serve until the member's successor is appointed and qualified.

(Ord. No. 1130, art. IX, § 1, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009)

(a)

Postponement. A public hearing before the planning and zoning commission for which notice has been given may be postponed by announcing the postponement at or after the time and place the hearing is scheduled to begin.

(b)

Recess. A public hearing may be recessed and continued any time after the hearing has commenced.

(c)

Time limit; notice of delay. If a postponement or continuance of a public hearing is to a specific date and time no later than 60 days from the first or most recent hearing, the announcement of the postponement or continuance at the public hearing in which the application has been postponed or continued shall be sufficient notice, and no additional notice is required.

(d)

Location of delayed public hearing. Postponed or continued public hearing shall be presumed to be held in the same location, unless a different location for the hearing is announced at the time of the postponement or continuance.

(e)

Applicant-delayed hearings. If any request or amendment is being considered, whether or not a public hearing is involved, and it is continued at the request of the applicant more than one time, an additional fee shall be required as may be set forth in the Master Fee Schedule, Addendum A to the Code of Ordinances.

(f)

Continuation. The body conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place. No notice shall be required if a hearing is continued. An applicant shall have the right to request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the body conducting the hearing only upon good cause shown. All adjourned public hearings shall commence only upon the giving of all notices which would have been required or at the initial call of the public hearing.

(Ord. No. 1130, art. IX, § 2.1, 11-3-1998; Ord. No. 2040-05-25, § II, 5-6-2025)

Subject to the presiding officer's inherent authority to conduct meetings of the planning and zoning commission, the public hearing shall generally be conducted as follows:

(1)

Report by the city representative.

(2)

Presentation by the applicant.

(3)

Testimony by parties supporting the application.

(4)

Testimony by parties in opposition to the application.

(5)

Rebuttal by the applicant.

(6)

Closure of the public hearing.

(Ord. No. 1130, art. IX, § 2.2, 11-3-1998)

The planning and zoning commission shall have the power and duty to:

(1)

Advise the city council and make recommendations concerning adoption of or amendments to the city's comprehensive plan and thoroughfare plan, and implementation thereof.

(2)

Serve as an advisory body to the city council concerning adoption of, or amendments to, the zoning regulations and zoning map and to make recommendations thereon.

(3)

To call a public hearing to determine proper zoning for a tract of land or for an area.

(4)

Undertake such actions as are necessary to exercise its delegated powers, as indicated by adopted ordinance.

(Ord. No. 1130, art. IX, § 3, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009)

The board of adjustment shall be composed of five members and four alternate members. Appointments to the board of adjustment shall be for staggered terms of two years. Alternate members shall serve in the absence of one or more regular board members when required to do so by the mayor or city manager. The city council may remove a member or alternate member of the board for cause, as found by the city council on a written charge, after a public hearing. Vacancies shall be filled for the unexpired term of any member, or alternate member, whose term becomes vacant for any cause.

(Ord. No. 1130, art. X, § 1, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009)

The board of adjustment shall meet and organize as soon as practicable, shall elect one of its members as chair, and one of its members as vice-chair.

(Ord. No. 1130, art. X, § 2.1, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009; Ord. No. 2034-03-25, § II, 3-18-2025)

(a)

Adopting procedural rules. The board of adjustment, by majority vote, shall adopt such procedural rules as are necessary to execute its duties with the approval of the city council.

(b)

Quorum. All cases before the board of adjustment must be heard by at least four members.

(c)

Calling meetings. Meetings of the board shall be held at the call of the chair, and at such other times as the board may determine. Such chair, or in the chair absence the vice- chair, shall administer oaths and compel attendance of witnesses.

(d)

Meetings open to the public. All meetings of the board shall be open to the public.

(e)

Keeping of minutes. The board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its other official actions, all of which shall be filed in the office of the board and shall be a public record.

(Ord. No. 1130, art. X, § 2.2, 11-3-1998; Ord. No. 2034-03-25, § II, 3-18-2025)

The board of adjustment shall have the following powers:

(1)

Decide appeals of city planner's decisions. The board of adjustment shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the city planner in the enforcement of this chapter.

(2)

Variances to chapter.

a.

Findings. The board of adjustment, pursuant to the powers conferred upon it by state law, the city ordinances, and this article, may grant variances to the sections of this chapter upon finding that:

1.

Such variance is in harmony with the intent and purpose of the comprehensive plan and this chapter;

2.

Such variance will not substantially or permanently injure the appropriate use of adjacent property in the same district;

3.

Such variance will not adversely affect the health, safety or general welfare of the public;

4.

Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located;

5.

The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, including, but not limited to, the area, shape or slope; and that the unique circumstances were not created by the owner of the property, and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located; and

6.

The variance is not a self-created hardship.

b.

Decision. The concurring vote of at least four members of the board of adjustment shall be necessary to authorize a variance.

c.

Application for variance. Variances to be considered by the board of adjustment may be initiated by the owner of the affected property or the owner's authorized representative who files the required application and pays the appropriate fee.

(3)

Special exceptions

a.

Findings. The board of adjustment may grant special exceptions upon finding that:

1.

Such special exception is specifically provided for and defined in this zoning ordinance;

2.

Such special exception is consistent with the general purpose and intent of the comprehensive plan and this chapter;

3.

Such special exception will not substantially or permanently injure the appropriate use of adjacent property in the same district; and

4.

Such special exception will not adversely affect the health, safety or general welfare of the public.

b.

Conditions. In granting special exceptions, the board of adjustment may impose such conditions and safeguards as are necessary to protect adjacent property owners and to ensure the public health, safety, and general welfare.

c.

Decision. The concurring vote of at least four members of the board of adjustment shall be necessary to authorize a special exception.

d.

Application for special exception. A special exception to be considered by the board of adjustment may be initiated by the owner of the affected property or the owner's authorized representative who files the required application and pays the appropriate fee.

(Ord. No. 1130, art. X, § 3, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009; Ord. No. 2034-03-25, § II, 3-18-2025)

(a)

Appeal of city planner's decision. Appeals to the board of adjustment may be filed concerning a decision of the city planner in the enforcement of this chapter. Such appeal shall be taken within a reasonable time, not to exceed 20 days from the date of the decision, by filing with the city planner a notice of appeal, which shall specify the grounds thereof. The city planner shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed was taken. An appeal may be initiated as follows:

(1)

The following persons may appeal to the board of adjustment a decision made by the city planner that is not related to a specific application, address, or project:

a.

A person aggrieved by the decision; or

b.

Any officer, department, board, or bureau of the municipality affected by the decision.

(2)

The following persons may appeal to the board of adjustment a decision made by the city planner that is related to a specific application, address, or project:

a.

A person who:

1.

Filed the application that is the subject of the decision;

2.

Is the owner or representative of the owner of the property that is the subject of the decision; or

3.

Is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or

b.

Any officer, department, board, or bureau of the municipality affected by the decision.

(b)

Appeal stays city planner action. An appeal from the action of the city planner shall stay all proceedings in furtherance of such action unless the city planner certifies to the board that a stay would, in his opinion, cause imminent peril to life or property. If the city planner shall make and file such certificate, that action shall not be stayed unless by a restraining order which may be granted by the board, or by a court of record, upon application of the party aggrieved by the action of the city planner, and after notice to the city planner.

(c)

Hearing. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and may authorize city staff to do such. The board of adjustment shall decide such appeal within a reasonable time, but no later than 60 days from the filing of the appeal. Upon hearing of such appeal, any interested party may appear in person or by an agent or attorney.

(d)

Powers. In exercising the powers set out in this section, the board of adjustment may, in conformity with the provisions of state law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the city planner from whose action the appeal is taken.

(e)

Decision. Decisions of the board of adjustment shall be as follows:

(1)

Required vote. A reversal by the board of any order, requirement, decision, or determination of the city planner against the applicant, and a finding in favor of the applicant by the board, shall require the concurring vote of four members of the board of adjustment.

(2)

Lapse of order. Any reversal by the board of adjustment shall lapse after the expiration of 90 days where action by the appellant is not taken pursuant thereto within such period. This subsection shall not apply when the applicant has presented to the board of adjustment a development plan which requires a length of time greater than 90 days, in which event the board of adjustment may grant a greater length of time. In no event, however, shall such time granted exceed two years.

(Ord. No. 1130, art. X, § 4, 11-3-1998; Ord. No. 2021-11-24, § II, 11-5-2024)

Any person jointly or severally aggrieved by any decision of the board of adjustment, any taxpayer or any city officer, department or board may present any such matter to a court of record for review, after the final action of the board thereon, and in the manner and upon the terms provided by state law in V.T.C.A., Local Government Code § 211.0011.

(Ord. No. 1130, art. X, § 5, 11-3-1998)

(a)

Nonconformity. If the city or other governmental agency takes an act or action which transforms a previously conforming structure or lot of record in terms of the city's previous ordinance, or the minimum requirements in this division or in division 1 of article VI of this chapter, such structure or lot shall be deemed to be in conformance with this division and article VI of this chapter.

(b)

Creation of nonconformity. No lot or structure existing on the effective date of the ordinance from which this chapter derives shall be reduced below the minimum requirements set forth in this chapter, except as otherwise provided.

(c)

Change in district boundaries. Whenever a nonconformity is created by changing the boundaries of a zoning district and transferring an area from one district to another district, or when the boundaries of districts are changed as the result of annexation of new territory, or changes in the regulations or restrictions of this chapter, this division shall apply.

(Ord. No. 1130, art. IV, § 2.1, 11-3-1998)

The lawful use of any building, structure or land existing on the effective date of the ordinance from which this chapter derives may be continued, even though such use does not conform to the sections of this chapter; provided, however, the right to continue such nonconforming use shall be subject to the following:

(1)

Nonconforming buildings. A nonconforming building or structure may be occupied as follows:

a.

Repairs and alterations. Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made except those required by law or ordinance, or those necessary for installing or enclosing required sanitary facilities, such as toilets and bathrooms.

b.

Enlargement. Unless otherwise provided, a nonconforming building or structure shall not be added to or enlarged in any manner unless such additions and enlargements are made to conform to all of the requirements of the district in which such building structure is located.

c.

Relocating a nonconforming structure. A nonconforming building or structure shall not be moved in whole or in part, unless every portion of such building or structure is made to conform to all regulations of the district in which it is to be located.

d.

Reconstruction of damaged building. If a nonconforming building or structure is damaged or destroyed to an extent less than 60 percent of its fair market value by fire, explosion, act of God, or the public enemy, restoration or new construction shall be permitted. If destruction is greater than 60 percent of its fair market value, such building or structure and its use, if repaired or replaced, shall conform to all regulations of the district in which it is located, and it shall be treated as a new building.

e.

Unoccupied nonconforming structures. A nonconforming building or structure lawfully constructed may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period 180 days after the effective date of the ordinance from which this chapter derives. The use of a nonconforming building or structure lawfully constructed, which becomes unoccupied after the effective date of the ordinance from which this chapter derives, may also be occupied by the use for which the building or structure was designed or intended, if so occupied within a period of 180 days after the building or structure becomes vacant.

f.

Manufactured home. A manufactured home on an existing lot lawfully in place at the time of the adoption of this section may remain in use, provided that it does not remain vacant for more than 180 days. Once a manufactured home is removed from a lot, another manufactured home may be placed on the lot, if placed no more than 180 days from the date of the removal of the original manufactured home, provided it meets the applicable requirements of the underlying zoning district.

(2)

Nonconforming use of building. The nonconforming use of a building or structure may be continued as follows:

a.

Changing use of nonconforming structure. The nonconforming use of a building or structure may be changed to a use of the same or more restrictive classification. Where the nonconforming use of a building or structure is changed to a use of a more restrictive classification, it shall not thereafter be changed to a use of less restrictive classification.

b.

Changing or expanding nonconforming use. A nonconforming use of a conforming building or structure shall not be extended or expanded into any other portion of such conforming building or structure, nor changed except to a conforming use. If such nonconforming use or portion thereof is voluntarily discontinued or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.

(3)

Nonconforming use of lands. The nonconforming use of land existing at the time of the effective date of the ordinance from which this chapter derives may continue as follows:

a.

Expansion of nonconforming use of land. A nonconforming use of land shall not be expanded or extended.

b.

Discontinuance of nonconforming use of land. If a nonconforming use of land, or any portion thereof, is voluntarily discontinued for a period of 180 days, any future use of such land or portion thereof shall be in conformity with the regulations of the district in which such land or portion thereof is located.

(4)

Single-family residential. Any legal nonconforming single-family residential structure damaged or destroyed by fire, explosion, act of God, or the public enemy, or is the subject of a city-approved housing rehabilitation or reconstruction program may be reconstructed or repaired, with the following conditions:

a.

A building permit is issued for the reconstruction or repair within 180 days of the occurrence of the damage or destruction.

b.

The repairs or replacement structure shall not increase the extent of the nonconformity or the nature of the nonconforming activity.

c.

The replacement structure shall meet the minimum required building setbacks of the zoning district.

(Ord. No. 1130, art. IV, § 2.2, 11-3-1998; Ord. No. 1350-2-04, 2-3-2004; Ord. No. 1547-7-10, 7-20-2010)

A nonconforming use of a building, structure or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when:

(1)

The intent of the owner to discontinue the use is apparent;

(2)

The characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 180 days;

(3)

A nonconforming building, structure, or land, or portion thereof which is or becomes vacant and remains unoccupied for a period of 180 days; or

(4)

A nonconforming use has been replaced by a conforming use.

(Ord. No. 1130, art. IV, § 2.3, 11-3-1998)

(a)

No person shall use, occupy, or develop any land, building or other structures or authorize or permit such use, occupancy or development, except in accordance with all applicable sections of this chapter.

(b)

The owner of any building, structure, or land or part thereof and any architect, builder, contractor, agent or any other person employed in connection therewith who violates or assists in or contributes to the commission of a violation of this chapter shall be deemed guilty of such violation and shall become liable for the penalties established in this division.

(Ord. No. 1130, art. XII, § 1, 11-3-1998)

Before suspension or revocation of any construction permit or authorization pursuant to this division, the building official may give notice of the intent to suspend or revoke the permit or authorization, which notice may specify a reasonable time for compliance with this chapter. If notice of intent is given, suspension or revocation may not occur before the time for compliance has expired.

(Ord. No. 1130, art. XII, § 2, 11-3-1998)

(a)

When the city determines that a construction permit has been issued in error or on the basis of incorrect information or material misrepresentation or that there has been noncompliance with the sections of this chapter, the building official may suspend the permit or license pending compliance with this chapter. The building official may revoke a permit if compliance is not achieved within a reasonable period of time.

(b)

Notice of suspension or revocation of a construction permit or certificate of occupancy shall be sent to the permit holder by certified mail, return receipt requested.

(c)

A construction permit or certificate of occupancy may be immediately revoked by the building official when and if additional noncompliance with this chapter occurs after the permit has been suspended.

(Ord. No. 1130, art. XII, § 3, 11-3-1998)

(a)

When it is determined that there is a failure to comply with any term, condition or requirement of a variance to this chapter, the building official or designee may suspend or revoke any permits pending compliance with the terms, conditions or requirements under which the variance was approved.

(b)

Notice of suspension or revocation of a permit shall be sent by certified mail, return receipt requested.

(c)

The board of adjustment shall hold a public hearing no later than 45 days after notification of the suspension or revocation. If the board of adjustment determines that there is a failure to comply with any term, condition or requirement of the variance, it may revoke the variance or take such action as it considers necessary to ensure compliance.

(Ord. No. 1130, art. XII, § 4, 11-3-1998)

A site plan or specific use permit may be revoked by the city council upon public hearing if violations of conditions are determined to exist, or if the time limit for permit or plan approval has lapsed without significant action on behalf of the property owner.

(Ord. No. 1130, art. XII, § 5, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009)

(a)

When the city determines that there has been noncompliance with any material term, condition or requirement of this chapter, the city may order any person having a proprietary interest in the property or any person engaged in the development or construction on the property to cease and desist from engaging in any further development or construction activities on the site. The stop work order shall be in writing and shall be posted on the site. The order shall specifically state the nature of the noncompliance and the acts prohibited.

(b)

The city may bring suit in a court of competent jurisdiction to restrain and enjoin any person attempting or allowing development or construction without a permit or other authorization or who fails to cease and desist from further development or construction after notice of a stop work order has been posted in accordance with this division.

(c)

When the city determines that there has been noncompliance with this chapter which constitutes a health or safety hazard, a stop work order shall be issued and shall remain in effect until there has been compliance with this chapter. This division shall not override the county health director or designee's ability to suspend or reinstate food or child care permits in conformance with state and federal laws.

(Ord. No. 1130, art. XII, § 6, 11-3-1998)

(a)

Appeal of a stop work order, suspension or revocation by an administrative official such as the building official or city planner may be made to the board of adjustment by any aggrieved person or party. The aggrieved person or party shall give written notice no later than three days after the stop work order is posted, or notice of the suspension or revocation is received. The notice shall state:

(1)

The name and address of the person making the appeal;

(2)

The facts surrounding the particular appeal;

(3)

The nature of the stop work order, suspension or revocation; and

(4)

The reasons why the ruling should be set aside.

(b)

The board of adjustment or appropriate board shall hear the appeal at its next regularly scheduled meeting following receipt of the notice of appeal, provided that the appeal is received at least three working days prior to that meeting. The board of adjustment or appropriate board shall either affirm or reverse the decision appealed, no later than seven days after the close of the hearing.

(c)

An appeal brought under this section shall not stay the stop work order, suspension or revocation.

(Ord. No. 1130, art. XII, § 7, 11-3-1998)

(a)

The violation of any of the sections of this chapter shall be unlawful and shall constitute a misdemeanor. Each day that the violation continues shall constitute a distinct and separate violation offense.

(b)

Any criminal violation of this chapter shall be fined in an amount not to exceed $2,000.00 per offense.

(c)

Nothing in this section shall limit in any manner the authority of the city to seek any injunctive or other civil relief available under state laws.

(Ord. No. 1130, art. XII, § 8, 11-3-1998)

(a)

If any building, structure, or land is used, constructed, maintained, repaired or altered, or any development is undertaken in violation of this chapter, the city may institute any appropriate action to prevent, restrain, correct or abate the violation authorized by the state, including but not limited to imposition of a civil penalty, not to exceed $2,000.00 a day, for the kinds of violations enumerated in V.T.C.A., Local Government Code § 54.012.

(b)

The imposition of any penalty shall not preclude the city from instituting any other appropriate action to require compliance with this chapter and with administrative orders and determinations made pursuant to this chapter.

(Ord. No. 1130, art. XII, § 9, 11-3-1998)

This division applies to all changes to zoning. For historic designations and certificates of appropriateness, see article II of chapter 50 pertaining to historic preservation.

(Ord. No. 2045-05-25, § II, 5-20-2025)

(a)

The applicant for any proposed zoning-related change shall schedule a pre-application conference with the city planner prior to submission of a formal application and incurring any related expense in preparing plans, surveys, and other data.

(b)

At the pre-application conference, the applicant should present a draft concept with as much detail as possible.

(c)

Based on the information presented, the city planner will provide initial comments concerning the merits of the proposed zoning-related change and inform the applicant of any additional requirements for preparation of the formal application.

(Ord. No. 2045-05-25, § II, 5-20-2025)

(a)

Publication of notice for planning and zoning commission public hearing. Prior to the 15th day before the date of the planning and zoning commission hearing, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner indicated by the most recently approved municipal tax role, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the United States mail.

(b)

Publication of notice for city council public hearing. Before the 15th day before the date of the city council hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the city.

(Ord. No. 2045-05-25, § II, 5-20-2025)

The planning and zoning commission and the city council may, from time to time, hold joint public hearings to consider a zoning or planning-related matter. However, the city council shall not take action until it has received the recommendation of the planning and zoning commission. The notice for such hearings shall follow the minimum requirements for city council public hearings established in section 118-133 in order to meet their notification timeline.

(Ord. No. 2045-05-25, § II, 5-20-2025)

Unless otherwise specifically provided, the time within which an act is to be done pursuant to this chapter shall be computed by excluding the first and including the last day. If the last day is a Saturday, a Sunday or a legal holiday as observed by the city, that day shall be excluded. Whenever a person has the right or is required to perform some act within the prescribed period, after the service of a notice or other paper upon him and the notice or paper is served by mail, three calendar days shall be added to the prescribed time, unless otherwise specifically provided.

(Ord. No. 2045-05-25, § II, 5-20-2025)

(a)

Newly annexed territory. Shall automatically be zoned to A-Agriculture. The procedure to be followed for adoption shall be the same as is established in this division for a change in zoning and should follow the direction of the Comprehensive Plan (Future Land Use Plan). Zoning changes shall require a separate action for newly annexed territory, and applications to request a zoning change cannot be combined with a request for annexation.

(b)

Issuance of permits in newly annexed areas. No permits for the construction of a building or a use of land other than types of buildings or land use allowed in an AG agriculture district under this chapter shall be issued by the building official until such land has been zoned to a district which permits such a use.

(Ord. No. 2045-05-25, § II, 5-20-2025)

(a)

Planning and zoning commission action. The planning and zoning commission shall conduct a public hearing and make a recommendation to the city council on any application for a specific use permit.

(b)

City council action. The city council shall conduct a public hearing and make a determination on the application for a specific use permit.

(c)

City council approval or denial. Following the closure of the public hearing, the city council may take the following actions on any specific use permit applications:

(1)

Approval. The city council may approve the request as presented, or make it subject to such appropriate conditions as are allowed by law. Such approval of any request for a specific use permit shall be granted only if the city council determines that the request is consistent with the comprehensive plan and the purposes of this chapter.

(2)

Approval with conditions. In authorizing a specific use permit, the city council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community.

(3)

Denial. The city council may deny the request. If a request is denied, a new application may be submitted for the same lot or tract of land, or any portion thereof, within one year only if the new request is for a more restrictive or less intense use or development. Unless the new proposal is more restrictive or less intense than the previously denied proposal, no other application pertaining to a specific use permit may be submitted on the same lot or tract of land or any portion thereof for a period of one year from the date of its denial by the city council.

(Ord. No. 2045-05-25, § II, 5-20-2025)

(a)

Application required. All zoning and site plan requests to be considered by the planning and zoning commission and/or the city council, shall be initiated by filing an application with the city. The applications required by this section shall be on forms supplied by the city, and shall be available in the offices of the city.

(b)

Submittal and acceptance. No application shall be processed until such application is complete and the fee established by the city council for processing the application has been paid.

(c)

Authority to initiate request. The following shall have authority to initiate a request:

(1)

Zoning map amendments. All zoning-map amendment applications may be initiated by the owner of the affected property or his/her authorized representative who files the required application and pays the appropriate fee for the request, or by action of the city council, planning and zoning commission or the city planner.

(2)

Zoning ordinance text amendments. Amendments to the text of this chapter shall be initiated only by action of the city council, the planning and zoning commission or the city planner.

(d)

Application withdrawal. Procedures for withdrawal of an application are as follow:

(1)

Submittal of application for withdrawal. Any request for withdrawal of an application must be submitted in writing to the city planner.

(2)

Timing for application for withdrawal. Once an application for a zoning-related item to be considered by the planning and zoning commission and/or city council or zoning board of adjustment has been published in a newspaper or notifications of public hearing, if any, have been mailed, such request for withdrawal must be placed on the public hearing agenda and acted upon by the applicable body.

(3)

Refund of fees. Application fees are not refundable except when the city planner determines that an application was accepted in error, or the fee paid exceeded the amount due under city council policy or city ordinance, in which case the amount of the overpayment may be refunded to the applicant.

(Ord. No. 2045-05-25, § II, 5-20-2025)

(a)

Planning and zoning commission actions. Actions of the planning and zoning commission on zoning-related items are as follows:

(1)

Recommendations. The planning and zoning commission shall conduct a public hearing and make recommendations to the city council on the following matters:

a.

Text amendments to this chapter.

b.

Zoning changes and map amendments, including reclassification of the zoning designations on land, planned developments (PD), and overlay districts.

c.

Amendments to the comprehensive plan.

d.

Amendments to the thoroughfare plan.

e.

Specific use permit applications.

(2)

Final determinations. The planning and zoning commission shall conduct a public hearing and make final determinations on detailed site plans for planned development districts.

(b)

City council actions. The city council shall conduct a public hearing and make determinations on the following matters:

(1)

Text amendments to this chapter.

(2)

Zoning changes and map amendments, including reclassification of the zoning designations on land, and planned developments (PD).

(3)

Amendments to the comprehensive plan.

(4)

Amendments to the thoroughfare plan.

(5)

Specific use permit applications.

(c)

City council approval or denial. Following the closure of the public hearing, the city council may take the following actions on any zoning-related applications:

(1)

Approval. The city council may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law in order to implement the policies of the city's comprehensive plan and in order to safeguard the public safety and welfare of the citizens and to protect properties from adverse impact and incompatibilities. Approval of any request for a text amendment to this chapter or a zoning change and map amendment shall be granted only if the city council determines that the request or amendment is consistent with the comprehensive plan and the purposes of this chapter. If the request or amendment concerns a text amendment to this chapter or a zoning change and map amendment, the city council shall enact an ordinance amending this chapter or amending the official zoning map, whichever is applicable.

(2)

Approval with conditions. The city council may impose additional conditions necessary to protect the public interest and welfare of the community when ONLY approving a planned development districts and specific use permits.

(3)

Denial with prejudice. The city council may deny the request or amendment with prejudice. If a request or amendment is denied with prejudice, a new application may be submitted for the same lot or tract of land, or any portion thereof, within one year only if the new request is for a more restrictive or less intense use or development. Unless the new proposal is more restrictive or less intense than the previously denied proposal, no other application pertaining to a change of zoning and map amendment may be submitted on the same lot or tract of land or any portion thereof for a period of one year from the date of its denial by the city council. If a request or amendment is denied by the city council without an indication of "with" or "without" prejudice, the action shall be considered to be "denied with prejudice."

(4)

Denial without prejudice. The city council may deny the request or amendment without prejudice, in which case an application for a change in zoning and map amendment other than that which was requested on the original application may be filed at the applicant's discretion.

(5)

Submission of subsequent rezoning request. A proposal to rezone a tract or parcel of land that has been previously rejected by the city council may be resubmitted within one year only if there is an actual change in conditions relating to zoning principles of the tract or parcel of land or the property surrounding it. In that event, the applicant must submit to the city planner, in writing, a description of such changed conditions. The city planner shall investigate the property or cause such an investigation to be made and shall report to the planning and zoning commission whether or not such changed conditions exist. Upon hearing such report, the planning and zoning commission shall either grant or deny the request to refile the proposal for rezoning.

(Ord. No. 2045-05-25, § II, 5-20-2025)

The following conditions shall be considered when reviewing an application for any zoning-related change.

(1)

Compatibility. The specific use will be compatible with and not injurious to the use and enjoyment of other property in the immediate vicinity, nor significantly diminish or impair property values within the immediate vicinity;

(2)

Orderly growth and development. The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property;

(3)

Supporting facilities. Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided;

(4)

Drives and parking. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;

(5)

Nuisances. Adequate nuisance-prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;

(6)

Lighting. Any lighting to be provided will be directional so as not to disturb or adversely affect neighboring properties;

(7)

Landscaping. Sufficient landscaping and screening to ensure harmony and compatibility with adjacent property exists or will be provided; and

(8)

Comprehensive plan. The proposed use is in accordance with the comprehensive plan.

(Ord. No. 2045-05-25, § II, 5-20-2025)

(a)

New matters of evidence not presented to the planning and zoning commission in zoning-related hearings may or may not, in the discretion of the city council, be heard or considered by the city council in its public hearings related to amendments to this chapter and maps to the city.

(b)

If new evidence develops between the date of the hearing by the planning and zoning commission and the hearing of the city council on any zoning change, or if for any other valid reason a person wishes to present evidence to the city council which had not been presented to the planning and zoning commission, the city council may hear and consider the evidence or refer the case back to the planning and zoning commission for further hearings to consider the new evidence.

(c)

Nothing contained in this section shall be construed to prohibit anyone from speaking in the public hearing related to changes in zoning.

(Ord. No. 2045-05-25, § II, 5-20-2025)

(a)

Property owners adjacent to and within a distance of 200 feet of a property for which a change in zoning is being considered have the right to file a written protest against the request. The land area of this 200-foot distance includes streets, alleys and other public rights-of-way.

(b)

Whenever such written protest is signed by the owners of 20 percent or more of the area of the lots or land included in such zoning change or of the lots or land immediately adjoining such and within the 200-foot distance, such change in zoning shall not become effective except by a favorable vote of three-fourths of all the members of the commission.

(c)

For purposes of determining representation on such written protest, the written protest of any one owner of land owned by two or more persons shall be presumed to be the protest of all owners.

(Ord. No. 2045-05-25, § II, 5-20-2025)

No building permit or certificate of occupancy may be issued for a property unless it is legally zoned for that use and structure or it is a legally nonconforming use or structure as defined in this chapter.

(Ord. No. 2045-05-25, § II, 5-20-2025)

(a)

Application procedures. An application for a specific use permit shall follow the procedure for general zoning applications except as set out in this section.

(b)

Time limit. A specific use permit issued under this section shall be valid for a period of 180 days from the date of issuance and shall become null and void unless construction or use is substantially underway during such 180-day period, or unless an extension of time is approved by the city council. The city planner shall determine if the construction or use made the basis of the SUP is substantially underway for purposes of this section. A specific use permit issued by the city council shall become null and void if the land use for which it was issued has been closed, vacated, abandoned, or changed to a different use for a period of 180 or more days.

(c)

Specific use permit site plan. The completed application shall be accompanied by a site plan which, along with the application, will become a part of the specific use permit, if approved. The accompanying site plan shall provide the following information:

(1)

Data describing all the processes and activities involved with the proposed use;

(2)

Boundaries of the area covered by the site plan;

(3)

The location of each existing and proposed building and structure in the area covered by the site plan; and

(4)

The location and dimensions of all curb cuts, public and private streets, and parking and loading areas.

(d)

Notice of public hearings. Refer to section 188-133.

(e)

Computation of time. Refer to section 118-135.

(f)

Revocation. A specific use permit may be revoked or modified by the city council, after notice to the property owner and a hearing, for any of the following reasons:

(1)

The existence of any material error or misrepresentation in the application required in this section;

(2)

The specific use permit was obtained or extended through misrepresentation or deception; or

(3)

One or more of the conditions imposed by the permit has not been met or has been violated.

(g)

Amendments. No building, premises, or land use under a specific use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless an amendment to the original specific use permit has been obtained. The procedure for amendment of a specific use permit shall be the same as for a new application.

(Ord. No. 2045-05-25, § II, 5-20-2025)